[HISTORY: Adopted by the Common Council of the City of Hudson by Ord.
No. 1-91. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 255.
In accordance with the provisions of W.S.A. s. 62.23, the City of Hudson
does hereby enact the following nonmetallic mining and reclamation chapter.
It is the purpose of this chapter to establish regulations for nonmetallic
mining operations and site reclamation to minimize short-term and long-term
adverse effects to the general health, safety and welfare and the environment
and to restore the site to an acceptable landscape appearance and purposeful
use after operations cease.
[Amended by Ord. No. 10-95]
A.Â
This chapter is applicable to all nonmetallic mining
operations and sites within the City of Hudson.
B.Â
This chapter applies to any portion of a nonmetallic
mining site, including unreclaimed portions of a site, which were mined prior
to the effective date of this chapter.
D.Â
This chapter does not apply to the following activities:
(1)Â
Excavation or grading by a person solely for domestic
use at his or her residence.
(2)Â
Excavations or grading conducted for highway construction
purposes within the highway right-of-way.
(3)Â
Excavations for building construction.
(4)Â
Grading conducted for farming, preparing a construction
site or restoring land following a flood or other natural disaster.
(6)Â
Any activities conducted at a solid or hazardous waste
disposal site to prepare, operate or close a solid waste disposal facility
under W.S.A. ch. 289 or a hazardous waste disposal facility under W.S.A. ch.
291. This nonmetallic mining and reclamation chapter applies to activities
related to solid or hazardous waste disposal which are conducted at a nonmetallic
mining site separate from a solid or hazardous waste disposal facility, including
but not limited to obtaining nonmetallic minerals to be used for lining, capping,
covering or constructing berms, dikes or roads.[2]
(7)Â
Any nonmetallic mining site or portion of a site which
is subject to permit and reclamation requirements of the Wisconsin Department
of Natural Resources under W.S.A. ss. 30.19, 30.195 and 30.20.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board established by the Common Council pursuant to W.S.A. s.
62.23.
The City of Hudson Zoning Department.
All activities performed in extracting from the earth mineral aggregates,
such as stone, decomposed granite, sand and gravel, and nonmetallic minerals,
such as clay, feldspar, peat and topsoil, and related activities, including
but not limited to excavation, grading or dredging, if those activities are
related to the extraction of mineral aggregates and nonmetallic minerals,
and related processes, such as crushing, screening, scalping, dewatering and
blinding.
Waste soil, rock, mineral, liquid, vegetation and other waste material
resulting from a nonmetallic mining operation. This term does not include
merchantable by-products resulting directly from or displaced by the nonmetallic
mining operation.
The proposed or actual location of a nonmetallic mining operation,
including all surface areas from which minerals are removed, related storage
and processing areas, areas where nonmetallic mining refuse is deposited and
areas disturbed by the nonmetallic mining operation and by other activities,
such as construction or improvement of roads or haulageways.
Any individual, partnership, firm, association, corporation or other
legal entity who or which applies for or holds a nonmetallic mining permit.
The conditional use permit which is required by this chapter as a
condition precedent to commencing a nonmetallic mining operation.
[Amended by Ord. No. 10-95]
The rehabilitation of a nonmetallic mining site, including but not
limited to removing nonmetallic mining refuse, grading of the site, replacing
topsoil, establishing vegetative cover, controlling surface water and groundwater,
taking other steps to minimize erosion, preventing environmental pollution
and restoring plant, fish and wildlife habitat.
Replacing the topsoil which was removed or disturbed by the nonmetallic
mining operation or providing topsoil at the site which is able to sustain
adequate vegetative cover to minimize wind and water erosion.
[Amended by Ord. No. 10-95]
B.Â
An application for a conditional use permit must be submitted
to the Department by the operator and shall contain all information required
by the Department. Depending upon the type and scope of the operation, the
Department may require the following:
(1)Â
An operation plan which contains:
(a)Â
The legal description of the site and a copy of the deed
or other recorded document showing ownership of the site.
(b)Â
If the operator is not the owner of the site, a copy
of the agreement with the owner authorizing the operator to conduct a nonmetallic
mining operation on the site.
(c)Â
A map showing the location of the site structures, navigable
bodies of water and other significant features in adjoining areas.
(d)Â
A topographic and drainage map at a minimum contour interval
of 20 feet for the site and 200 feet beyond the site on all sides.
(e)Â
A scale drawing showing locations of stockpiles, storage
yards, on-site roads and structures.
(f)Â
Dates of commencement and cessation of the operation.
(g)Â
Location of water tables within the site and adjoining
area.
(h)Â
Length, width and depth of excavation. All horizontal
and vertical measurements shall be referenced to a permanent reference point.
(i)Â
Estimated volume of material to be removed.
(j)Â
Description of machinery and equipment to be used.
(k)Â
Estimated daily quantity of water required, water source
and method of disposing of water.
(l)Â
Proposed travel routes.
(m)Â
Days and hours of operation.
(n)Â
Measures to be taken to screen the operation from view
of surrounding land uses, temporary erosion control measures and measures
to be taken to minimize noise and dust during operation.
(o)Â
Method of topsoil stripping and storage.
(p)Â
Type and quantities of chemicals used in processes.
(q)Â
Any other information the Department or Board deems necessary
owing to the uniqueness of a site, operator or application.
(2)Â
A reclamation plan which contains:
(a)Â
A description of the proposed reclamation, including
final land use, final land shape, final topography and drainage. The angle
of repose shall be a ratio of not less than 2:1.
(b)Â
A description of the sequence of reclamation activities
as areas of the site become inactive.
(c)Â
Method of topsoil replacement, seeding method and rate,
type of seed and techniques to be utilized for temporary soil and slope stabilization,
such as mulching or netting.
(d)Â
Date of commencement and duration of reclamation.
(e)Â
Any other information the Department or Board deems necessary
owing to the uniqueness of a site, operator or application.
C.Â
The Department may request review of the plan by the
County Land Conservation Office.
D.Â
The completed application shall be submitted to the Plan
Commission and Common Council by the Department for approval, approval with
modifications or conditions or denial.
A.Â
Sites of up to 20 acres and for operation periods up
to five years may be permitted. Renewals of permits for up to five-year periods
and expansions of up to 20 acres may be granted in the same manner as initial
applications.
B.Â
A buffer zone of at least 100 feet along adjoining property
lines and public roads and highways shall be provided.
C.Â
Where practicable, an earth berm and/or vegetative screening
shall be erected and maintained to screen the site.
D.Â
The filing of an application grants to the Department
and the City of Hudson the right of access without notice to the site for
purposes related to this chapter.
E.Â
The operator shall comply with all applicable federal,
state and local laws, rules and regulations.
A.Â
The operator will furnish an annual certificate of insurance
providing coverage of at least $1,000,000 under a comprehensive general liability
form or its equivalent from a reputable insurance carrier licensed to do business
in Wisconsin.
B.Â
To assure site reclamation:
(1)Â
The operator shall file with the Department specific
financial assurance to guarantee restoration.
(2)Â
Satisfactory guaranties shall be established by the city
based on size of operation, prior reclamation experience and history of the
operator, but not in an amount less than $1,000 an acre, and shall be in the
form of either a cash bond or surety bond. The bond may be adjusted annually
to reflect inflation based on the Consumer Price Index for the Minneapolis-St.
Paul area. Cash bonds shall be deposited in an interest-bearing escrow account
established by the Department, and accrued interest shall not be withdrawn
until the reclamation is completed and the cash bond is no longer necessary.
Upon satisfactory completion of reclamation, the cash bond, including interest,
shall be returned to the operator.
A.Â
Permits obtained pursuant to this chapter are not transferable
or assignable without prior written approval of the City of Hudson.
B.Â
An operator may at any time apply for amendment or cancellation
of a permit or for modification in the operation plan or reclamation plan.
An application for amendment, cancellation or modification shall be processed
in the same manner as an original application.
Failure to comply with this chapter authorizes the Board to issue a compliance order, field directive, suspension order or termination order. The operator may also be cited for violation of this chapter and, upon conviction, shall pay a forfeiture as provided in Chapter 1, § 1-18 of this Code. Each day of violation shall be deemed to be a separate offense.
